QUESTION
What are the consequences if my wife leaves the US before her visa is granted? Can she come back if she does leave?
Asked on Jul 08th, 2013 on Immigration - California
More details to this question:
My wife is in the process of changing status for her permanent residence. We got married on April in California. We are about 3 weeks from the time the papers were accepted by the United States citizenship and immigration services. Since she is feeling depress she would like to go back to her home country before the change of status is completed. As I understand if she leaves all what has been done will be lost and the paperwork to start her residence will have to start all over. Furthermore in order for her to reenter the United States she will need a spousal visa (that take 6 to 7 months) and that this visa may not be granted as it is seen as a black mark to leave before the paper work is completed.
2 ANSWERS
The process you have started will be all lost and you will have to start from the beginning. For a spouse visa to be processed abroad, it will be about 6-12 months. In the meantime, she will probably not be permitted to enter the US as a visitor. However, as part of the process you submitted, you probably also filed an application for a travel document known as advance parole. That usually comes about 2-3 months after filing. With that document, she will be able to travel internationally without abandoning the permanent residence process, while it is waiting for the interview.
Answered on Jul 15th, 2013 at 8:58 PM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
She will abandon the petition and have to go through consulate processing. She should get advance parole.
Answered on Jul 10th, 2013 at 9:13 PM